{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/44-146.19.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/44-146.19.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/44-146.19.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/44-146.19.html"}],"law_id":85193,"edition_id":1,"section_id":85193,"structure_id":14302,"section_number":"44-146.19","catch_line":"Powers and duties of political subdivisions","history":"1973, c. 260; 1974, c. 4; 1975, c. 11; 1978, c. 495; 1982, c. 5; 1990, cc. 404, 945; 1993, cc. 621, 671, 781; 2000, c. 309; 2003, c. 622; 2004, c. 302; 2005, cc. 6, 205; 2006, c. 138; 2007, cc. 97, 129, 138; 2009, cc. 222, 269; 2012, c. 418; 2018, c. 228; 2020, cc. 94, 1021; 2021, Sp. Sess. I, c. 27; 2022, c. 217; 2024, cc. 37, 150.","full_text":"A\n\nEach political subdivision within the Commonwealth shall be within the jurisdiction of and served by the Department of Emergency Management and be responsible for local disaster mitigation, preparedness, response, and recovery. Each political subdivision shall maintain in accordance with state disaster preparedness plans and programs an agency of emergency management which, except as otherwise provided under this chapter, has jurisdiction over and services the entire political subdivision.B\n\nEach political subdivision shall have a director of emergency management who, after the term of the person presently serving in this capacity has expired and in the absence of an executive order by the Governor, shall be the following:1\n\nIn the case of a city, the mayor or city manager, who shall appoint a coordinator of emergency management with consent of council;2\n\nIn the case of a county, a member of the board of supervisors selected by the board or the chief administrative officer for the county, who shall appoint a coordinator of emergency management with the consent of the governing body;3\n\nA coordinator of emergency management shall be appointed by the council of any town to ensure integration of its organization into the county emergency management organization;4\n\nIn the case of the Towns of Chincoteague and West Point and of towns with a population in excess of 5,000 having an emergency management organization separate from that of the county, the mayor or town manager shall appoint a coordinator of emergency services with consent of council;5\n\nIn Smyth County and in York County, the chief administrative officer for the county shall appoint a director of emergency management, with the consent of the governing body, who shall appoint a coordinator of emergency management with the consent of the governing body.C\n\nWhenever the Governor has declared a state of emergency, each political subdivision within the disaster area may, under the supervision and control of the Governor or his designated representative, control, restrict, allocate, or regulate the use, sale, production, and distribution of food, fuel, clothing, and other commodities, materials, goods, services, and resource systems which fall only within the boundaries of that jurisdiction and which do not impact systems affecting adjoining or other political subdivisions, enter into contracts and incur obligations necessary to combat such threatened or actual disaster, protect the health and safety of persons and property, and provide emergency assistance to the victims of such disaster. In exercising the powers vested under this section, under the supervision and control of the Governor, the political subdivision may proceed without regard to time-consuming procedures and formalities prescribed by law (except mandatory constitutional requirements) pertaining to the performance of public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, levying of taxes, and appropriation and expenditure of public funds.D\n\nThe director of each local organization for emergency management may, in collaboration with (i) other public and private agencies within the Commonwealth or (ii) other states or localities within other states, develop or cause to be developed mutual aid arrangements for reciprocal assistance in case of a disaster too great to be dealt with unassisted. Such arrangements shall be consistent with state plans and programs and it shall be the duty of each local organization for emergency management to render assistance in accordance with the provisions of such mutual aid arrangements. Except where a mutual aid arrangement for reciprocal assistance exists between localities, no locality shall prohibit another locality from providing emergency medical services across local boundaries solely on the basis of financial considerations.E\n\nEach local and interjurisdictional agency shall prepare and keep current a local or interjurisdictional emergency operations plan for its area. The plan shall include, but not be limited to, responsibilities of all local agencies and shall establish a chain of command, and a provision that the Department of Criminal Justice Services and the Virginia Criminal Injuries Compensation Fund shall be contacted immediately to deploy assistance in the event of an emergency as defined in the emergency response plan when there are victims as defined in &#xA7; 19.2-11.01. The Department of Criminal Justice Services and the Virginia Criminal Injuries Compensation Fund shall be the lead coordinating agencies for those individuals determined to be victims, and the plan shall also contain current contact information for both agencies. Such plan shall also contain provisions to ensure that the plan is applied equitably and that the needs of minority and vulnerable communities are met during emergencies. Every four years, each local and interjurisdictional agency shall conduct a comprehensive review and revision of its emergency operations plan to ensure that the plan remains current, and the revised plan shall be formally adopted by the locality&#8217;s governing body. In the case of an interjurisdictional agency, the plan shall be formally adopted by the governing body of each of the localities encompassed by the agency. Each political subdivision having a nuclear power station or other nuclear facility within 10 miles of its boundaries shall, if so directed by the Department of Emergency Management, prepare and keep current an appropriate emergency plan for its area for response to nuclear accidents at such station or facility.F\n\nAll political subdivisions shall provide (i) an annually updated emergency management assessment and (ii) data related to emergency sheltering capabilities, including emergency shelter locations, evacuation zones, capacity by person, medical needs capacity, current wind rating, standards compliance, backup power, and lead agency for staffing, to the State Coordinator of Emergency Management on or before August 1 of each year.G\n\nBy July 1, 2005, all localities with a population greater than 50,000 shall establish an alert and warning plan for the dissemination of adequate and timely warning to the public in the event of an emergency or threatened disaster. The governing body of the locality, in consultation with its local emergency management organization, shall amend its local emergency operations plan that may include rules for the operation of its alert and warning system, to include sirens, Emergency Alert System (EAS), NOAA Weather Radios, or other personal notification systems, amateur radio operators, or any combination thereof.H\n\nLocalities that have established an agency of emergency management shall have authority to require the review of, and suggest amendments to, the emergency plans of nursing homes, assisted living facilities, adult day centers, and child day care centers that are located within the locality.","order_by":null,"text":{"0":{"id":305300,"text":"Each political subdivision within the Commonwealth shall be within the jurisdiction of and served by the Department of Emergency Management and be responsible for local disaster mitigation, preparedness, response, and recovery. Each political subdivision shall maintain in accordance with state disaster preparedness plans and programs an agency of emergency management which, except as otherwise provided under this chapter, has jurisdiction over and services the entire political subdivision.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":305301,"text":"Each political subdivision shall have a director of emergency management who, after the term of the person presently serving in this capacity has expired and in the absence of an executive order by the Governor, shall be the following:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":305302,"text":"In the case of a city, the mayor or city manager, who shall appoint a coordinator of emergency management with consent of council;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":305303,"text":"In the case of a county, a member of the board of supervisors selected by the board or the chief administrative officer for the county, who shall appoint a coordinator of emergency management with the consent of the governing body;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":305304,"text":"A coordinator of emergency management shall be appointed by the council of any town to ensure integration of its organization into the county emergency management organization;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":305305,"text":"In the case of the Towns of Chincoteague and West Point and of towns with a population in excess of 5,000 having an emergency management organization separate from that of the county, the mayor or town manager shall appoint a coordinator of emergency services with consent of council;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":305306,"text":"In Smyth County and in York County, the chief administrative officer for the county shall appoint a director of emergency management, with the consent of the governing body, who shall appoint a coordinator of emergency management with the consent of the governing body.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"C"},"7":{"id":305307,"text":"Whenever the Governor has declared a state of emergency, each political subdivision within the disaster area may, under the supervision and control of the Governor or his designated representative, control, restrict, allocate, or regulate the use, sale, production, and distribution of food, fuel, clothing, and other commodities, materials, goods, services, and resource systems which fall only within the boundaries of that jurisdiction and which do not impact systems affecting adjoining or other political subdivisions, enter into contracts and incur obligations necessary to combat such threatened or actual disaster, protect the health and safety of persons and property, and provide emergency assistance to the victims of such disaster. In exercising the powers vested under this section, under the supervision and control of the Governor, the political subdivision may proceed without regard to time-consuming procedures and formalities prescribed by law (except mandatory constitutional requirements) pertaining to the performance of public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, levying of taxes, and appropriation and expenditure of public funds.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B5","next_prefix":"D"},"8":{"id":305308,"text":"The director of each local organization for emergency management may, in collaboration with (i) other public and private agencies within the Commonwealth or (ii) other states or localities within other states, develop or cause to be developed mutual aid arrangements for reciprocal assistance in case of a disaster too great to be dealt with unassisted. Such arrangements shall be consistent with state plans and programs and it shall be the duty of each local organization for emergency management to render assistance in accordance with the provisions of such mutual aid arrangements. Except where a mutual aid arrangement for reciprocal assistance exists between localities, no locality shall prohibit another locality from providing emergency medical services across local boundaries solely on the basis of financial considerations.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"9":{"id":305309,"text":"Each local and interjurisdictional agency shall prepare and keep current a local or interjurisdictional emergency operations plan for its area. The plan shall include, but not be limited to, responsibilities of all local agencies and shall establish a chain of command, and a provision that the Department of Criminal Justice Services and the Virginia Criminal Injuries Compensation Fund shall be contacted immediately to deploy assistance in the event of an emergency as defined in the emergency response plan when there are victims as defined in &#xA7; 19.2-11.01. The Department of Criminal Justice Services and the Virginia Criminal Injuries Compensation Fund shall be the lead coordinating agencies for those individuals determined to be victims, and the plan shall also contain current contact information for both agencies. Such plan shall also contain provisions to ensure that the plan is applied equitably and that the needs of minority and vulnerable communities are met during emergencies. Every four years, each local and interjurisdictional agency shall conduct a comprehensive review and revision of its emergency operations plan to ensure that the plan remains current, and the revised plan shall be formally adopted by the locality&#8217;s governing body. In the case of an interjurisdictional agency, the plan shall be formally adopted by the governing body of each of the localities encompassed by the agency. Each political subdivision having a nuclear power station or other nuclear facility within 10 miles of its boundaries shall, if so directed by the Department of Emergency Management, prepare and keep current an appropriate emergency plan for its area for response to nuclear accidents at such station or facility.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"10":{"id":305310,"text":"All political subdivisions shall provide (i) an annually updated emergency management assessment and (ii) data related to emergency sheltering capabilities, including emergency shelter locations, evacuation zones, capacity by person, medical needs capacity, current wind rating, standards compliance, backup power, and lead agency for staffing, to the State Coordinator of Emergency Management on or before August 1 of each year.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"11":{"id":305311,"text":"By July 1, 2005, all localities with a population greater than 50,000 shall establish an alert and warning plan for the dissemination of adequate and timely warning to the public in the event of an emergency or threatened disaster. The governing body of the locality, in consultation with its local emergency management organization, shall amend its local emergency operations plan that may include rules for the operation of its alert and warning system, to include sirens, Emergency Alert System (EAS), NOAA Weather Radios, or other personal notification systems, amateur radio operators, or any combination thereof.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"12":{"id":305312,"text":"Localities that have established an agency of emergency management shall have authority to require the review of, and suggest amendments to, the emergency plans of nursing homes, assisted living facilities, adult day centers, and child day care centers that are located within the locality.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":14302,"edition_id":1,"name":"Emergency Services and Disaster Law","identifier":"3.2","label":"chapter","depth":2,"order_by":1,"parent_id":13446,"metadata":{},"date_created":"2026-06-26 03:47:39","date_modified":"2026-06-26 03:47:39","permalink":{"id":222283,"object_type":"structure","relational_id":14302,"identifier":"3.2","token":"44\/3.2","url":"\/44\/3.2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13446,"edition_id":1,"name":"Military and Emergency Laws","identifier":"44","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:54","date_modified":"2026-06-26 03:44:54","permalink":{"id":221549,"object_type":"structure","relational_id":13446,"identifier":"44","token":"44","url":"\/44\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83808,"structure_id":14302,"section_number":"44-146.13","catch_line":"Short title","url":"\/44-146.13\/","token":"44\/3.2\/44-146.13","metadata":false},{"id":65115,"structure_id":14302,"section_number":"44-146.14","catch_line":"Findings of General Assembly","url":"\/44-146.14\/","token":"44\/3.2\/44-146.14","metadata":false},{"id":56507,"structure_id":14302,"section_number":"44-146.15","catch_line":"Construction of chapter","url":"\/44-146.15\/","token":"44\/3.2\/44-146.15","metadata":false},{"id":65984,"structure_id":14302,"section_number":"44-146.16","catch_line":"Definitions","url":"\/44-146.16\/","token":"44\/3.2\/44-146.16","metadata":false},{"id":78828,"structure_id":14302,"section_number":"44-146.17","catch_line":"Powers and duties of Governor","url":"\/44-146.17\/","token":"44\/3.2\/44-146.17","metadata":false},{"id":73003,"structure_id":14302,"section_number":"44-146.17:1","catch_line":"Transmittal to General Assembly of rules, regulations, and orders","url":"\/44-146.17_1\/","token":"44\/3.2\/44-146.17_1","metadata":false},{"id":62120,"structure_id":14302,"section_number":"44-146.17:1.1","catch_line":"Certain emergency orders; additional requirements","url":"\/44-146.17_1.1\/","token":"44\/3.2\/44-146.17_1.1","metadata":false},{"id":74379,"structure_id":14302,"section_number":"44-146.17:2","catch_line":"Annual statewide drill","url":"\/44-146.17_2\/","token":"44\/3.2\/44-146.17_2","metadata":false},{"id":55576,"structure_id":14302,"section_number":"44-146.18","catch_line":"Department of Emergency Management; administration and operational control; coordinator and other personnel; powers and duties","url":"\/44-146.18\/","token":"44\/3.2\/44-146.18","metadata":false},{"id":70134,"structure_id":14302,"section_number":"44-146.18:1","catch_line":"Virginia Disaster Response Funds disbursements; reimbursements","url":"\/44-146.18_1\/","token":"44\/3.2\/44-146.18_1","metadata":false},{"id":71648,"structure_id":14302,"section_number":"44-146.18:2","catch_line":"Authority of Coordinator of Emergency Management in undeclared emergency","url":"\/44-146.18_2\/","token":"44\/3.2\/44-146.18_2","metadata":false},{"id":69158,"structure_id":14302,"section_number":"44-146.18:3","catch_line":"First informer broadcasters; coordination with Department of Emergency Management","url":"\/44-146.18_3\/","token":"44\/3.2\/44-146.18_3","metadata":false},{"id":84404,"structure_id":14302,"section_number":"44-146.18:4","catch_line":"State Coordinator of Emergency Management responsible for annual Virginia Comprehensive Emergency Management Report","url":"\/44-146.18_4\/","token":"44\/3.2\/44-146.18_4","metadata":false},{"id":59542,"structure_id":14302,"section_number":"44-146.18:5","catch_line":"Division of Public Safety Communications established; appointment of Virginia Public Safety Communications Coordinator; duties of Division","url":"\/44-146.18_5\/","token":"44\/3.2\/44-146.18_5","metadata":false},{"id":63764,"structure_id":14302,"section_number":"44-146.18:6","catch_line":"Geographic Information Network Division established; powers and duties; Division Coordinator","url":"\/44-146.18_6\/","token":"44\/3.2\/44-146.18_6","metadata":false},{"id":70812,"structure_id":14302,"section_number":"44-146.18:7","catch_line":"GIS Fund created","url":"\/44-146.18_7\/","token":"44\/3.2\/44-146.18_7","metadata":false},{"id":55832,"structure_id":14302,"section_number":"44-146.18:8","catch_line":"Additional powers and duties of the State Coordinator of Emergency Management","url":"\/44-146.18_8\/","token":"44\/3.2\/44-146.18_8","metadata":false},{"id":86221,"structure_id":14302,"section_number":"44-146.18:9","catch_line":"Nonstock corporation to assist in the development of GIS data","url":"\/44-146.18_9\/","token":"44\/3.2\/44-146.18_9","metadata":false},{"id":85193,"structure_id":14302,"section_number":"44-146.19","catch_line":"Powers and duties of political subdivisions","url":"\/44-146.19\/","token":"44\/3.2\/44-146.19","metadata":false},{"id":78856,"structure_id":14302,"section_number":"44-146.20","catch_line":"Joint action by political subdivisions","url":"\/44-146.20\/","token":"44\/3.2\/44-146.20","metadata":false},{"id":67566,"structure_id":14302,"section_number":"44-146.21","catch_line":"Declaration of local emergency","url":"\/44-146.21\/","token":"44\/3.2\/44-146.21","metadata":false},{"id":70539,"structure_id":14302,"section_number":"44-146.22","catch_line":"Development of measures to prevent or reduce harmful consequences of disasters; disclosure of information","url":"\/44-146.22\/","token":"44\/3.2\/44-146.22","metadata":false},{"id":76000,"structure_id":14302,"section_number":"44-146.23","catch_line":"Immunity from liability","url":"\/44-146.23\/","token":"44\/3.2\/44-146.23","metadata":false},{"id":62719,"structure_id":14302,"section_number":"44-146.24","catch_line":"Cooperation of public agencies","url":"\/44-146.24\/","token":"44\/3.2\/44-146.24","metadata":false},{"id":67520,"structure_id":14302,"section_number":"44-146.25","catch_line":"Repealed","url":"\/44-146.25\/","token":"44\/3.2\/44-146.25","metadata":false},{"id":76909,"structure_id":14302,"section_number":"44-146.26","catch_line":"Duties of emergency management organizations","url":"\/44-146.26\/","token":"44\/3.2\/44-146.26","metadata":false},{"id":75520,"structure_id":14302,"section_number":"44-146.27","catch_line":"Supplementing federal funds; assistance of federal agencies; acceptance of gifts and services; appropriations by local governing bodies","url":"\/44-146.27\/","token":"44\/3.2\/44-146.27","metadata":false},{"id":75418,"structure_id":14302,"section_number":"44-146.28","catch_line":"Authority of Governor and agencies under his control in declared state of emergency","url":"\/44-146.28\/","token":"44\/3.2\/44-146.28","metadata":false},{"id":83794,"structure_id":14302,"section_number":"44-146.28:1","catch_line":"Compact enacted into law; terms","url":"\/44-146.28_1\/","token":"44\/3.2\/44-146.28_1","metadata":false},{"id":86962,"structure_id":14302,"section_number":"44-146.28:2","catch_line":"Disaster relief assistance by out-of-state businesses and employees","url":"\/44-146.28_2\/","token":"44\/3.2\/44-146.28_2","metadata":false},{"id":66386,"structure_id":14302,"section_number":"44-146.29","catch_line":"Expired","url":"\/44-146.29\/","token":"44\/3.2\/44-146.29","metadata":false},{"id":72455,"structure_id":14302,"section_number":"44-146.29:1","catch_line":"Expired","url":"\/44-146.29_1\/","token":"44\/3.2\/44-146.29_1","metadata":false},{"id":70917,"structure_id":14302,"section_number":"44-146.29:3","catch_line":"Emergency Shelters Upgrade Assistance Grant Fund","url":"\/44-146.29_3\/","token":"44\/3.2\/44-146.29_3","metadata":false},{"id":84353,"structure_id":14302,"section_number":"44-146.29:4","catch_line":"Disconnection suspension for certain utilities","url":"\/44-146.29_4\/","token":"44\/3.2\/44-146.29_4","metadata":false}],"previous_section":{"id":86221,"structure_id":14302,"section_number":"44-146.18:9","catch_line":"Nonstock corporation to assist in the development of GIS data","url":"\/44-146.18_9\/","token":"44\/3.2\/44-146.18_9","metadata":false},"next_section":{"id":78856,"structure_id":14302,"section_number":"44-146.20","catch_line":"Joint action by political subdivisions","url":"\/44-146.20\/","token":"44\/3.2\/44-146.20","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/44-146.19\/","history_text":"<p>This law was first created in 1973. The record of its establishment is cataloged in chapter 260 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1973 \u201cActs\u201d aren\u2019t available online. It has been modified 18 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1974, chapter 4; in 1975, chapter 11; in 1978, chapter 495; in 1982, chapter 5; in 1990, chapters 404 and 945; in 1993, chapters 621, 671, and 781; in 2000, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0309\">309<\/a>; in 2003, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0622\">622<\/a>; in 2004, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP0302\">302<\/a>; in 2005, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0006\">6<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0205\">205<\/a>; in 2006, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0138\">138<\/a>; in 2007, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0097\">97<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0129\">129<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0138\">138<\/a>; in 2009, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0222\">222<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0269\">269<\/a>; in 2012, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0418\">418<\/a>; in 2018, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0228\">228<\/a>; in 2020, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0094\">94<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP1021\">1021<\/a>; in 2022, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?221+ful+CHAP0217\">217<\/a>; in 2024, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0037\">37<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0150\">150<\/a>.<\/p>","references":[{"id":68930,"section_number":"15.2-1535","catch_line":"Members of governing body not to be elected or appointed by governing body to certain offices","order_by":null,"url":"\/15.2-1535\/"},{"id":70352,"section_number":"62.1-44.34:19","catch_line":"Reporting of discharge","order_by":null,"url":"\/62.1-44.34_19\/"},{"id":56968,"section_number":"62.1-44.34:19.1","catch_line":"Registration of aboveground storage tanks","order_by":null,"url":"\/62.1-44.34_19.1\/"},{"id":69197,"section_number":"62.1-44.34:37","catch_line":"Reporting of hazardous substance discharge","order_by":null,"url":"\/62.1-44.34_37\/"},{"id":80209,"section_number":"62.1-44.34:38","catch_line":"Recordkeeping and access to records and facilities","order_by":null,"url":"\/62.1-44.34_38\/"},{"id":55763,"section_number":"62.1-44.5","catch_line":"Prohibition of waste discharges or other quality alterations of state waters except as authorized by permit; notification required","order_by":null,"url":"\/62.1-44.5\/"}],"refers_to":[{"id":56192,"section_number":"19.2-11.01","catch_line":"Crime victim and witness rights","order_by":null,"url":"\/19.2-11.01\/"}],"permalink":{"id":222357,"object_type":"law","relational_id":85193,"identifier":"44-146.19","token":"44\/3.2\/44-146.19","url":"\/44-146.19\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/44-146.19\/","token":"44\/3.2\/44-146.19","dublin_core":{"Title":"Powers and duties of political subdivisions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 44-146.19","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Each <span class=\"dictionary\">political subdivision<\/span> within the Commonwealth shall be within the <span class=\"dictionary\">jurisdiction<\/span> of and served by the Department of <span class=\"dictionary\">Emergency<\/span> Management and be responsible for local <span class=\"dictionary\">disaster<\/span> mitigation, preparedness, response, and recovery. Each <span class=\"dictionary\">political subdivision<\/span> shall maintain in accordance with state <span class=\"dictionary\">disaster<\/span> preparedness plans and programs an agency of <span class=\"dictionary\">emergency<\/span> management which, except as otherwise provided under this chapter, has <span class=\"dictionary\">jurisdiction<\/span> over and services the entire <span class=\"dictionary\">political subdivision<\/span>. <a id=\"paragraph-305300\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/44-146.19\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Each <span class=\"dictionary\">political subdivision<\/span> shall have a director of <span class=\"dictionary\">emergency<\/span> management who, after the term of the person presently serving in this capacity has expired and in the absence of an executive <span class=\"dictionary\">order<\/span> by the Governor, shall be the following: <a id=\"paragraph-305301\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/44-146.19\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> In the case of a city, the mayor or city manager, who shall appoint a coordinator of <span class=\"dictionary\">emergency<\/span> management with consent of council; <a id=\"paragraph-305302\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/44-146.19\/#B1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> In the case of a county, a member of the board of supervisors selected by the board or the chief administrative officer for the county, who shall appoint a coordinator of <span class=\"dictionary\">emergency<\/span> management with the consent of the governing body; <a id=\"paragraph-305303\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/44-146.19\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> A coordinator of <span class=\"dictionary\">emergency<\/span> management shall be appointed by the council of any town to ensure integration of its organization into the county <span class=\"dictionary\">emergency<\/span> management organization; <a id=\"paragraph-305304\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/44-146.19\/#B3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> In the case of the Towns of Chincoteague and West Point and of towns with a population in excess of 5,000 having an emergency management organization separate from that of the county, the mayor or town manager shall appoint a coordinator of <span class=\"dictionary\">emergency services<\/span> with consent of council; <a id=\"paragraph-305305\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/44-146.19\/#B4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> In Smyth County and in York County, the chief administrative officer for the county shall appoint a director of emergency management, with the consent of the governing body, who shall appoint a coordinator of emergency management with the consent of the governing body. <a id=\"paragraph-305306\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/44-146.19\/#B5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Whenever the Governor has declared a <span class=\"dictionary\">state of emergency<\/span>, each <span class=\"dictionary\">political subdivision<\/span> within the <span class=\"dictionary\">disaster<\/span> area may, under the supervision and control of the Governor or his designated representative, control, restrict, allocate, or regulate the use, sale, production, and distribution of food, fuel, clothing, and other commodities, <span class=\"dictionary\">materials<\/span>, goods, services, and resource systems which fall only within the boundaries of that <span class=\"dictionary\">jurisdiction<\/span> and which do not impact systems affecting adjoining or other <span class=\"dictionary\">political subdivisions<\/span>, enter into <span class=\"dictionary\">contracts<\/span> and incur obligations necessary to combat such threatened or actual <span class=\"dictionary\">disaster<\/span>, protect the health and safety of persons and property, and provide emergency assistance to the victims of such <span class=\"dictionary\">disaster<\/span>. In exercising the powers vested under this section, under the supervision and control of the Governor, the <span class=\"dictionary\">political subdivision<\/span> may proceed without regard to time-consuming procedures and formalities prescribed by <span class=\"dictionary\">law<\/span> (except mandatory constitutional requirements) pertaining to the performance of public work, entering into <span class=\"dictionary\">contracts<\/span>, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and <span class=\"dictionary\">materials<\/span>, levying of taxes, and appropriation and expenditure of public funds. <a id=\"paragraph-305307\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/44-146.19\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> The director of each local organization for emergency management may, in collaboration with (i) other public and private agencies within the Commonwealth or (ii) other states or localities within other states, develop or cause to be developed mutual aid arrangements for reciprocal assistance in case of a <span class=\"dictionary\">disaster<\/span> too great to be dealt with unassisted. Such arrangements shall be consistent with state plans and programs and it shall be the duty of each local organization for emergency management to render assistance in accordance with the provisions of such mutual aid arrangements. Except where a mutual aid arrangement for reciprocal assistance exists between localities, no locality shall prohibit another locality from providing emergency medical services across local boundaries solely on the basis of financial considerations. <a id=\"paragraph-305308\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/44-146.19\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> Each local and interjurisdictional agency shall prepare and keep current a local or interjurisdictional emergency operations plan for its area. The plan shall include, but not be limited to, responsibilities of all local agencies and shall establish a chain of command, and a provision that the Department of Criminal Justice Services and the Virginia Criminal Injuries Compensation Fund shall be contacted immediately to deploy assistance in the event of an emergency as defined in the emergency response plan when there are victims as defined in &#xA7; <a class=\"law\" title=\"Crime victim and witness rights\" href=\"\/19.2-11.01\/\">19.2-11.01<\/a>. The Department of Criminal Justice Services and the Virginia Criminal Injuries Compensation Fund shall be the lead coordinating agencies for those <span class=\"dictionary\">individuals<\/span> determined to be victims, and the plan shall also contain current contact information for both agencies. Such plan shall also contain provisions to ensure that the plan is applied equitably and that the needs of minority and vulnerable communities are met during emergencies. Every four years, each local and interjurisdictional agency shall conduct a comprehensive review and revision of its emergency operations plan to ensure that the plan remains current, and the revised plan shall be formally adopted by the locality&#8217;s governing body. In the case of an interjurisdictional agency, the plan shall be formally adopted by the governing body of each of the localities encompassed by the agency. Each <span class=\"dictionary\">political subdivision<\/span> having a nuclear power station or other nuclear facility within 10 miles of its boundaries shall, if so directed by the Department of Emergency Management, prepare and keep current an appropriate emergency plan for its area for response to nuclear accidents at such station or facility. <a id=\"paragraph-305309\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/44-146.19\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> All <span class=\"dictionary\">political subdivisions<\/span> shall provide (i) an annually updated emergency management assessment and (ii) data related to emergency sheltering capabilities, including emergency shelter locations, evacuation zones, capacity by person, medical needs capacity, current wind rating, standards compliance, backup power, and lead agency for staffing, to the State Coordinator of Emergency Management on or before August 1 of each year. <a id=\"paragraph-305310\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/44-146.19\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> By July 1, 2005, all localities with a population greater than 50,000 shall establish an alert and warning plan for the dissemination of adequate and timely warning to the public in the event of an emergency or threatened <span class=\"dictionary\">disaster<\/span>. The governing body of the locality, in consultation with its <span class=\"dictionary\">local emergency management organization<\/span>, shall <span class=\"dictionary\">amend<\/span> its local emergency operations plan that may include rules for the operation of its alert and warning system, to include sirens, Emergency Alert System (EAS), NOAA Weather Radios, or other personal notification systems, amateur radio operators, or any combination thereof. <a id=\"paragraph-305311\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/44-146.19\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H\"><p><span class=\"prefix-number\">H.<\/span> Localities that have established an agency of emergency management shall have authority to require the review of, and suggest amendments to, the emergency plans of nursing homes, assisted living facilities, adult day centers, and child day care centers that are located within the locality. <a id=\"paragraph-305312\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/44-146.19\/#H\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPOWERS AND DUTIES OF POLITICAL SUBDIVISIONS (\u00a7 44-146.19)\n\nA. Each political subdivision within the Commonwealth shall be within the\njurisdiction of and served by the Department of Emergency Management and be\nresponsible for local disaster mitigation, preparedness, response, and recovery.\nEach political subdivision shall maintain in accordance with state disaster\npreparedness plans and programs an agency of emergency management which, except\nas otherwise provided under this chapter, has jurisdiction over and services the\nentire political subdivision.\n\nB. Each political subdivision shall have a director of emergency management who,\nafter the term of the person presently serving in this capacity has expired and\nin the absence of an executive order by the Governor, shall be the following:\n\n   1. In the case of a city, the mayor or city manager, who shall appoint a\n   coordinator of emergency management with consent of council;\n\n   2. In the case of a county, a member of the board of supervisors selected by\n   the board or the chief administrative officer for the county, who shall\n   appoint a coordinator of emergency management with the consent of the\n   governing body;\n\n   3. A coordinator of emergency management shall be appointed by the council of\n   any town to ensure integration of its organization into the county emergency\n   management organization;\n\n   4. In the case of the Towns of Chincoteague and West Point and of towns with a\n   population in excess of 5,000 having an emergency management organization\n   separate from that of the county, the mayor or town manager shall appoint a\n   coordinator of emergency services with consent of council;\n\n   5. In Smyth County and in York County, the chief administrative officer for\n   the county shall appoint a director of emergency management, with the consent\n   of the governing body, who shall appoint a coordinator of emergency management\n   with the consent of the governing body.\n\nC. Whenever the Governor has declared a state of emergency, each political\nsubdivision within the disaster area may, under the supervision and control of\nthe Governor or his designated representative, control, restrict, allocate, or\nregulate the use, sale, production, and distribution of food, fuel, clothing,\nand other commodities, materials, goods, services, and resource systems which\nfall only within the boundaries of that jurisdiction and which do not impact\nsystems affecting adjoining or other political subdivisions, enter into\ncontracts and incur obligations necessary to combat such threatened or actual\ndisaster, protect the health and safety of persons and property, and provide\nemergency assistance to the victims of such disaster. In exercising the powers\nvested under this section, under the supervision and control of the Governor,\nthe political subdivision may proceed without regard to time-consuming\nprocedures and formalities prescribed by law (except mandatory constitutional\nrequirements) pertaining to the performance of public work, entering into\ncontracts, incurring of obligations, employment of temporary workers, rental of\nequipment, purchase of supplies and materials, levying of taxes, and\nappropriation and expenditure of public funds.\n\nD. The director of each local organization for emergency management may, in\ncollaboration with (i) other public and private agencies within the Commonwealth\nor (ii) other states or localities within other states, develop or cause to be\ndeveloped mutual aid arrangements for reciprocal assistance in case of a\ndisaster too great to be dealt with unassisted. Such arrangements shall be\nconsistent with state plans and programs and it shall be the duty of each local\norganization for emergency management to render assistance in accordance with\nthe provisions of such mutual aid arrangements. Except where a mutual aid\narrangement for reciprocal assistance exists between localities, no locality\nshall prohibit another locality from providing emergency medical services across\nlocal boundaries solely on the basis of financial considerations.\n\nE. Each local and interjurisdictional agency shall prepare and keep current a\nlocal or interjurisdictional emergency operations plan for its area. The plan\nshall include, but not be limited to, responsibilities of all local agencies and\nshall establish a chain of command, and a provision that the Department of\nCriminal Justice Services and the Virginia Criminal Injuries Compensation Fund\nshall be contacted immediately to deploy assistance in the event of an emergency\nas defined in the emergency response plan when there are victims as defined in\n&#xA7; 19.2-11.01. The Department of Criminal Justice Services and the Virginia\nCriminal Injuries Compensation Fund shall be the lead coordinating agencies for\nthose individuals determined to be victims, and the plan shall also contain\ncurrent contact information for both agencies. Such plan shall also contain\nprovisions to ensure that the plan is applied equitably and that the needs of\nminority and vulnerable communities are met during emergencies. Every four\nyears, each local and interjurisdictional agency shall conduct a comprehensive\nreview and revision of its emergency operations plan to ensure that the plan\nremains current, and the revised plan shall be formally adopted by the\nlocality&#8217;s governing body. In the case of an interjurisdictional agency,\nthe plan shall be formally adopted by the governing body of each of the\nlocalities encompassed by the agency. Each political subdivision having a\nnuclear power station or other nuclear facility within 10 miles of its\nboundaries shall, if so directed by the Department of Emergency Management,\nprepare and keep current an appropriate emergency plan for its area for response\nto nuclear accidents at such station or facility.\n\nF. All political subdivisions shall provide (i) an annually updated emergency\nmanagement assessment and (ii) data related to emergency sheltering\ncapabilities, including emergency shelter locations, evacuation zones, capacity\nby person, medical needs capacity, current wind rating, standards compliance,\nbackup power, and lead agency for staffing, to the State Coordinator of\nEmergency Management on or before August 1 of each year.\n\nG. By July 1, 2005, all localities with a population greater than 50,000 shall\nestablish an alert and warning plan for the dissemination of adequate and timely\nwarning to the public in the event of an emergency or threatened disaster. The\ngoverning body of the locality, in consultation with its local emergency\nmanagement organization, shall amend its local emergency operations plan that\nmay include rules for the operation of its alert and warning system, to include\nsirens, Emergency Alert System (EAS), NOAA Weather Radios, or other personal\nnotification systems, amateur radio operators, or any combination thereof.\n\nH. Localities that have established an agency of emergency management shall have\nauthority to require the review of, and suggest amendments to, the emergency\nplans of nursing homes, assisted living facilities, adult day centers, and child\nday care centers that are located within the locality.\n\nHISTORY: 1973, c. 260; 1974, c. 4; 1975, c. 11; 1978, c. 495; 1982, c. 5; 1990,\ncc. 404, 945; 1993, cc. 621, 671, 781; 2000, c. 309; 2003, c. 622; 2004, c. 302;\n2005, cc. 6, 205; 2006, c. 138; 2007, cc. 97, 129, 138; 2009, cc. 222, 269;\n2012, c. 418; 2018, c. 228; 2020, cc. 94, 1021; 2021, Sp. Sess. I, c. 27; 2022,\nc. 217; 2024, cc. 37, 150.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}